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Practice – Civil litigation. The Court of Appeal, Civil Division, allowed the claimant's appeal against the district judge's allocation of his claim, within the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, from CPR Pt 8 to Pt 7 in circumstances where the personal injury claim had been settled but damages for car hire charges remained at issue. The district judge had erred in that further evidence had not been necessary. Further, the case had not fallen within para 7.2 of CPR PD 8B and the district judge had had no power under that paragraph to re-allocate the claim.
Practice – Civil litigation. The Court of Appeal, Civil Division, allowed the claimant's appeal against the district judge's allocation of his claim, within the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, from CPR Pt 8 to Pt 7 in circumstances where the personal injury claim had been settled but damages for car hire charges remained at issue. The district judge had erred in that further evidence had not been necessary. Further, the case had not fallen within para 7.2 of CPR PD 8B and the district judge had had no power under that paragraph to re-allocate the claim.
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